The Supreme Court announced at 10 A.M. this morning that it will issue its decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by New Jersey Council on Affordable Housing, Motion No. M-392, tomorrow morning at 10 A.M. A review of the oral argument on that motion before the Supreme Court can be found here, and the briefs of the parties are available here. In summary, advocates for affordable housing have asked the Court to strip municipalities of immunity from builders remedy lawsuits and to direct lower courts to create a fair share methodology of their own since COAH did not do so despite the Court’s directive. COAH and municipalities urged that COAH be given another chance, and that municipalities not be stripped of builders remedy immunity merely because COAH did not act.
This is likely going to be one of the most important decisions of this Supreme Court term.